MINOR STUDENT AGREEMENT
This Monthly Agreement ("Agreement"), is entered into on this date, by and between SEED Studio, of 2130 20th Street, Sacramento, California 95818 ("SEED") and yourself ("Student") of (Student Address).
The parties hereto, intending to be legally bound, and in consideration of the mutual covenants hereinafter contained, agree as follows:
GRANT SEED, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to Student a license to use SEED Studio ("Facility") for the 2 week Class ("Class") to begin on the first day of Class in the 2 week session which the Class is taken. This agreement shall be on a month to month basis with a contract end date of the last day of Class in the session in which the Class is taken.
DATE/TIMES OF PERMITTED USE
Access to the Facility for the Class will commence on the first day of the Class in the session in which the Class shall take place.
CLASS FEE
Student shall pay to SEED as a Class fee for the use by Student of the Facility, the sum of $100.00 (represented as the session tuition). The Class Fee must be paid in full by the 1st day of the month in which the class shall take place.
INDEMNIFICATION
Student shall indemnify, defend and save harmless SEED, its officers, agents and employees from and against any and all loss, cost (including attorneys' fees), damage, expense and liability (including statutory liability and liability under workers' compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Student, its agents, employees, contractors, Lessees, invitees, representatives, in, on or about the Facility. This indemnity shall survive the termination of this Agreement. Student hereby releases SEED from any and all liability or responsibility to Student or anyone claiming through or under Student by way of subrogation or otherwise for any loss or damage to equipment or property of Student covered by any insurance then in force.
"AS-IS" CONDITION
Student agrees to accept the Facility in its "as-is" condition "with all faults".
TERMINATION
SEED may terminate this Agreement based upon any one or more of the following events:
A. Failure of Student to pay the Class Fee or any other charges due hereunder when the same is due;
B. Student fails to perform any of its covenants hereunder. In any of the aforesaid events, and in addition to any and all rights and remedies available to SEED by law or in equity, SEED may, with or without further notice, forthwith terminate this Agreement and expel and remove Student, or any other person or persons in occupancy from the Facility, together with their goods and chattels, using such force as may be necessary in the judgment of SEED or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Facility, and in addition to any other remedy it may have, SEED may recover from Student all damages it may incur by reason of such breach by Student.
INTERFERENCE
Student shall use the Facility in a manner which shall not cause interference with the use or occupancy of the other portions of the Building by SEED or others in any way. Student’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon SEED in maintaining the Building. Students will be informed of any events/classes/workshops or unforeseen circumstances that will cause the facility to be closed to normal Membership/Class activities.
RESTORATION
If any damage occurs to the Facility, or if any repairs or replacements need to be made to the Facility as a result of Student’s exercise of its rights under this License, Student shall pay SEED for any such damage, repairs, or replacements upon demand by SEED.
RESCHEDULING
SEED allows for 1 reschedule per booking. Student may request a reschedule at any time up to 7 days prior to the first day of class by providing written notice of such request to SEED, at no cost to Student. If Student shall elect to reschedule less than 7 days prior to the start of the class Student will be charged 50% of the Class Fee, and any expenses incurred in good faith by SEED in preparation for Student’s use of the Facility.
CANCELLATIONS
Student may cancel this Agreement at any time up to 7 days prior to the 1st day of the session in which the Class shall begin by providing written notice of such election to SEED, and Student shall receive a full refund less a $25 processing fee. If Student shall elect to so cancel this agreement less than than 7 days prior to the start of the session, Student will be charged 50% of the Class Fee and any expenses incurred in good faith by SEED in preparation for Student’s use of the Facility. For cancellations after the 15th day of the session in which the Class shall take place, Students will be charged 100% of the Class Fee and any expenses incurred by SEED.
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LATE ARRIVAL
Students arriving more than 20 minutes late to class will not be permitted to join the class. Rescheduling is dependent on availability and will be at the cost of the student. Additional fees may apply.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction
within the State of California.
SIGNATORIES
The parties hereto have executed this Agreement as of the day and year written below.
MINOR LIABILITY WAIVER:
I/we understand that SEEDLings is a program of SEED Studio and all protections extended to SEEDLings in this waiver, also extend to SEED Studio. I/we am aware that in addition to the usual dangers and risks inherent in camp and school activities, certain additional dangers and risks are present when using the SEED Studio Facilities, including, but not limited to, the danger and risk of falling, jumping, climbing, using supplies in an open art studio, using stairs, being exposed to illnesses, running and colliding with other staff, children, and adults. I/we affirm in signing this waiver that the child or children listed on this form are in good health and of ability to explore the SEED Studio Facilities and playrooms and/or attend SEEDLings/SEED Studio classes and programs. By signing this waiver, I/we freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting there from. In consideration of utilizing the SEED Studio Facilities for other good and valuable consideration, I/we hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS for personal injury including death, illness, and/or property damage that I/we may have against SEED Studio, their partners, principals, directors, officers, sponsors, affiliates, agents, employees, contractors, representatives and any volunteers in any way associated with SEED Studio all of whom are hereinafter collectively referred to as “the Releasees.”
2. TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury, death, medical or other expense that I/we may suffer or that any other party may suffer as a result of my use of SEED Studio or in my participation in any SEED Studio classes, activities, and/or events, and other SEED Studio activities, due to any cause whatsoever.
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3. HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party, resulting from my use of SEED Studio Facilities or by my participation in any SEED Studio classes and other SEED Studio activities.
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4. THIS RELEASE OF LIABILITY SHALL BE EFFECTIVE AND BINDING upon my heirs, next of kin, executors, administrators, successors, and assigns in the event of my personal injury including death, illness, and/or property damage.
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5. I/WE ADDITIONALLY AGREE not to take unreasonable risks while exploring the building, parking lot, yards, and open studio of SEED Studio and to not take any unreasonable risks while participating in any SEED Studio classes or events including but not limited to attempting skills or moves that I am not qualified to perform safely or causing any other participants/spectators unreasonable risk of harm.
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6. I/WE ADDITIONALLY AGREE that I/we shall follow common sense and correct safety procedures when using the SEED Studio Facilities. I/we also expressly grant to SEED Studio, and any third party authorized by SEED Studio, the right to film, videotape, photograph, record my voice and make any reproductions of my physical likeness and voice, and the irrevocable right in perpetuity to use, display, and digitally enhance or alter in any manner, such likeness in any media now known or hereafter devised, including, but not limited to, the exhibition and/or online use, broadcast, theatrically or on television, cable or radio, any motion picture film, video tape, DVD, CD or any Internet service or program in which such likeness may be used or otherwise, or any published articles, catalogs, or websites in which such likeness may be printed, used or incorporated, and in the advertising, exploiting and publicizing of SEED Studio products, licensed products, and all affiliated relationships.
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I/we understand we can request that our child not have photos or video taken at SEED Studio.
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7. I/WE ADDITIONALLY AGREE that I/we believe my child or children to be physically, mentally, and developmentally prepared to participate in SEED Studio activities and accept the supervision and guidance of the SEED Studio instructors and staff as they lead activities and oversee free play in the building and yards.
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8. I/WE ADDITIONALLY AGREE that in accompanying the above listed child or children to SEED Studio, I/we assume the inherent risk of allowing the child or children to explore play rooms and open studio environments that include ramps, stairs, brick planters, open water tubs, small beads and potential choking hazards, potential allergens such as nuts and gluten, hot water taps, hot beverages, and unsecured chairs, tables, and furnishings. I/we additionally agree that the previous sentence is not a comprehensive list of potential hazards and that I/we are solely responsible for determining other potential hazards in SEED Studio.
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9. In the event of any suspected injury or medical condition, I/we consent to treatment of our child by SEED Studio staff to stabilize our child’s health before we or emergency care arrives. I/we authorize SEED Studio staff to seek and authorize any emergency care and understand SEED Studio will contact any and all people listed on this registration form. I/we further consent to, and agree to pay for, any medical treatment my child may receive from any other healthcare providers. In the event that the SEED Studio staff deems emergency transportation necessary, I/we agree to pay the cost of transportation to a medical facility. I/we agree to inform SEED Studio of any medical conditions or allergies my child has, as well as to provide updated, accurate emergency contact information on the registration form.
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I/WE HEREBY CERTIFY THAT I/we have read and understand this Release of Liability prior to signing it, and I/we am aware that by signing this Release of Liability I/we am waiving certain legal rights which I/we or my heirs, next of kin, executors, administrators, successors, and assigns may have against the Releasees.
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SEED Studio shall have the right to impose any additional conditions which, in the opinion of the Releasees, will further the intent and legal rights and waivers provided herein. This Liability Waiver was made and executed in the State of California and shall be governed by, enforced in and construed in accordance with the laws of the State of California. I/we acknowledge that in executing this Waiver, I/we are not relying on any inducements, promises, or representations made by the Releasees.
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I am acting on behalf of the child’s other parent or legal guardian in signing this contract and I have authority to bind such other parent or legal guardian to the terms and conditions of this contract on his or her behalf.
Waiver Signature: I agree to the terms defined in the preceding waiver.
PHOTO RELEASE
I, (the “Releasor”) grant permission and consent to SEED Studio (the “Releasee”) for the use of the following photograph(s) as identified below for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content:
Description
Photos taken during classes, workshops, or events by SEED Studio Payment
I understand that there shall be no payment for this release.
Royalties
I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use.
Revocation
I understand that with my authorization below the photograph(s) may never be revoked. We, the Releasor and Releasee, understand and agree to the aforementioned terms and conditions.